Bill Text: WV HB2655 | 2018 | Regular Session | Enrolled
Bill Title: Defining and establishing the crime of cyberbullying
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Passed) 2018-04-16 - Chapter 60, Acts, Regular Session, 2018 [HB2655 Detail]
Download: West_Virginia-2018-HB2655-Enrolled.html
WEST virginia legislature
2018 regular session
enrolled
Committee Substitute
for
House Bill 2655
By Delegates Upson, Blair, Espinosa, Householder, Longstreth, Robinson, Sobonya, Phillips, Hill and Higginbotham
[Passed March 10, 2018;
in effect ninety days from passage.
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3C-14c, relating to creating the offense of cyberbullying of minors; setting forth the essential elements of the offense; defining terms; providing exceptions; and establishing criminal penalties.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.
§61-3C-14c. Cyberbullying or specific acts of electronic harassment of minors; definitions; penalties; exceptions.
(a) It is unlawful for a person to knowingly and intentionally use a computer or computer network, as defined in §61-3C-3, to engage in conduct with the intent to harass, intimidate, or bully a minor, including, but not limited to:
(1) Posting, disseminating or encouraging others to post or disseminate private, personal, or sexual information pertaining to a minor on the Internet; or
(2) Posting obscene material, as defined in §61-3C-14a of this code, in a real or doctored image of a minor on the Internet;
(b) For the purposes of this section:
(1) "Harass, intimidate or bully" means any intentional gesture, or any intentional electronic, written, verbal, or physical act, communication, transmission or threat that:
(A) A reasonable person under the circumstances should know the act will have the effect of any one or more of the following:
(i) Physically harming a minor;
(ii) Damaging a minor’s property;
(iii) Placing a minor in reasonable fear of harm to his or her person; or
(iv) Placing a minor in reasonable fear of damage to his or her property; or
(B) Is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or emotionally abusive environment for a minor.
(2) “Minor” means an individual under the age of 18 years old.
(c) This section does not apply to a peaceful activity intended to:
(i) Express a political view; or
(ii) Provide information to others with no intent to harass, intimidate, or bully.
(d) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail for a period not to exceed one year, or both confined and fined.
